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(영문) 의정부지방법원 2020.05.14 2019고단4419
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 6, 2019 to June 19 of the same month, the Defendant operated “C” on the first floor of B from the 19th century to the 19th of the same month, and employed a female sexual traffic worker D, etc. and received 110,000 won as the price for sexual traffic from the many unspecified male customers who found in the said business place, and had the female sexual traffic do the sexual intercourse.

Accordingly, the defendant arranged sexual traffic for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Investigation report (to direct the prosecutor);

1. Application of Acts and subordinate statutes on field photographs, real estate lease contracts, interior contracts, and personal data of each finance company;

1. Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. concerning facts constituting an offense and the punishment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The latter part of Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to seven years;

2. The scope of recommendations according to the sentencing guidelines (the determination of types of recommendations) shall be limited to the range of recommendations (the determination of types of punishment) for the crimes of sexual traffic subject to the age of 19 or older and the mediation, etc. of sexual traffic for the crimes of sexual traffic.

3. The operation of a sexual traffic business establishment that commercializes women's sex in itself is not less than that of the crime itself, but more than that of a fine once for the same kind of crime, and thus, it is necessary to punish the person with severe punishment.

However, there are more favorable circumstances, such as the fact that the defendant recognizes and reflects the crime of this case, the business period is not long, the amount of the punishment is not significant, there is no other penalty power than once of the fine as seen earlier, and the fact that the parent of a parent who is not good in health status should be supported, and others.

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